No. 23-5198

Richard Potts v. United States

Lower Court: Third Circuit
Docketed: 2023-07-26
Status: Denied
Type: IFP
Response WaivedIFP
Tags: criminal-justice-reform criminal-sentencing discretionary-authority district-court-discretion fair-sentencing-act first-step-act sentencing sentencing-reduction statutory-interpretation statutory-penalty
Latest Conference: 2023-09-26
Question Presented (from Petition)

First Question
Whether the Fair Sentencing Act modified the
statutory penalty for petitioner's offense,
so that petitioner is eligible for a sentence
reduction under § 404(b) of the First
Step Act ?.

Second Question
Whether the part of § 404(c) [Nothing in this
Section should be construed to require a court
to reduce any sentence pursuant to this section]
grants the district court discretionary authority
to retain a sentence that exceed the new
statutory maximum penalty established by
the Fair Sentencing Act ?.

Question Presented (AI Summary)

Whether the Fair Sentencing Act modified the statutory penalty for petitioner's offense, so that petitioner is eligible for a sentence reduction under § 404(b) of the First Step Act?

Docket Entries

2023-10-02
Petition DENIED.
2023-08-03
DISTRIBUTED for Conference of 9/26/2023.
2023-07-31
Waiver of right of respondent United States to respond filed.
2023-07-25
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due August 25, 2023)

Attorneys

Richard Potts
Richard Potts — Petitioner
United States
Elizabeth B. PrelogarSolicitor General, Respondent